Court decisions & case law

Judgment[2002] KEHC 89617 November 2002

Judgment[1999] KECA 368 August 1999

MAJOR JOSEPH MWETERI IGWETA v s MUKIRA M'ETHARE ) ATTORNEY GENERAL

Court of Appeal at NairobiShields,JUDGE APPEALCIVIL APPEAL NO.53 OF 1993

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. THE ATTORNEY GENERAL...........................................................RESPONDENTS (Being an appeal from the ruling of the High Court of Kenya at Nairobi (Justice Shields) dated 25th October, 1990 in H.C.C.A.

application is dismissedDismissed1 min read

Judgment[1998] KECA 14312 November 1998

GREENFIELD INVESTMENTS LIMITED v BABER ALIBHAI MAWJI

Court of Appeal at NairobiPall,Appeal,Pall given Nairobi,JUDGE APPEAL,Justice,Gautama,Luvuga,Mohammed Nyaoga,Nyakeno,Oraro,NyaogaCIVIL APPEAL NO. 160 OF 1997

Division and case type: CivilCivil Appeal

decision of Lakha, J.A., a learned single judge of this Court, to seek to vary, discharge or reverse his order by the Court under the provisions of rule 54 (2) of the Rules. Oraro has submitted that the respondent having not chosen any of those options he cannot now challenge the consent order which he has not attempted to have set aside.

10 min read

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.) CIVIL APPEAL NO. 62 OF 1993 BETWEEN CARTER & SONS LTD...................................................................APPELLANT AND 1.

5 min read

Judgment[1996] KECA 1832 June 1996

Kenya Commercial Bank Ltd v Fisco(Kenya) Limited & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 109 of 1995

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................

1 min read

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Marna Muchiri,Ougo,Ougo before Bosire,KirundiCase number Civil Application 69 of 1996

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & AKIWUMI, JJ.A. NAI.70 OF 1996 BETWEEN MWANZI ROAD PROPERTIES LIMITED…..……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.

3 min read

Judgment[1995] KECA 16517 October 1995

Macharia v Mungai

Court of Appeal at NairobiShields,judge Plot No,JUDGE APPEALCivil Appeal 85 of 1990

Division and case type: CivilCivil Appeal

Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.

Appeal dismissedDismissed16 min read

Judgment[1993] KECA 5715 December 1993

King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Di v ision Ltd &

Court of Appeal at NairobiShields,JUDGE APPEALCivil Appeal 55 of 1993

Division and case type: Anti-CorruptionCivil Appeal

company and that the respondents would hold the Deed Plan, when released, to the Order of the Acceptances. As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.

32 min read

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio

Appeal failsDismissed19 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.

Application dismissedDismissed8 min read

Judgment[1991] KECA 1331 July 1991

Mangi v Munyiri & another

Court of Appeal at NairobiShieldsCase number Civil Appeal 143 of 1990

Division and case type: CivilCivil Appeal

Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction

Appeal dismissedDismissed15 min read

Judgment[1989] KECA 695 February 1989

Muthike v Kenya Film Corporation Ltd

Court of Appeal at NairobiCockar setting aside Mr,Cockar,JUDGE APPEALCase number Civil Appeal 7 of 1988

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt Ja, Gachuhi & Kwach Ag JJ A) CIVIL APPEAL NO 7 OF 1988 MUTHIKE........................................................APPELLANT VERSUS KENYA FILM CORPORATION LTD...............RESPONDENT

10 min read

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s

14 min read

Judgment[1987] KEHC 8221 September 1987

M A v Hilton International (K) Ltd & another

High Court at NairobiGautamaCase number Civil Case 3490 of 1987

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO. 3490 OF 1987 M A……………………………………..…………………PLAINTIFF VERSUS HILTON INTERNATIONAL (K) LTD …........….….1ST DEFENDANT M A……………………………………..….…..….2ND DEFENDANT RULING Mrs M A, the plaintiff in this case, is a very angry woman.

6 min read

Judgment[1987] KECA 21 April 1987

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

Court of Appeal at NairobiShields,Bosire,we ask Judges,disqualify JudgesCivil Appeal 31 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.

6 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NYERI (CORAM: KNELLER, NYARANGI JJA & GACHUHI Ag JA) CIVIL APPEAL NO. 105 OF 1985 JAMES NDUHIU MACHARIA ……...…………….……APPELLANT VERSUS MWOTIA MACHARIA ……………………..……….RESPONDENT (Appeal from a Ruling and Order at the High Court at Nyeri, Patel J)

appeal is allowedAllowed12 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.

15 min read

Judgment[1985] KECA 13726 February 1985

Meru Express Ser v ices

Court of Appeal at NairobiCockar,judge did make Lubia,JUDGE APPEALCase number Civil Appeal 21 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o

3 min read